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Modern Slavery in Australia CommercialEmployment

Modern Slavery in Australia

In 2018, Modern Slavery Acts were passed by both the Federal and NSW State Governments in order to regulate the risks of modern slavery in …

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You’d be nuts not to register your trade marks! CommercialIntellectual Property

You’d be nuts not to register your trade marks!

Federal Court makes ruling on licensing of unregistered trade marks in Peanut Butter dispute. You may have noticed a change in the branding of your …

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CommercialEmployment

New Association rules for Material Personal Interests

A raft of new provisions were introduced recently under the Associations Incorporation Act 1991 (ACT), and notably those which deal with material personal interests. Here …

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laptop in the dark with code CommercialGovernmentPrivacy

Revised data encryption laws explained

A controversial shake up to Australia’s data laws came into force in December 2018. The Telecommunications and Other Legislation Amendment (Assistance and Access) Act 2018 …

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Commercial

Whistleblower Protections

Does Your Company Have a Policy? From 1 July 2019, the Treasury Laws Amendment (Enhancing Whistleblower Protections) Bill 2019 (Cth) takes effect. These changes impact …

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Commercial

1 July 2019 – What’s new in the law?

There are many changes to the laws and regulations commencing over the next 6 months. Here we summarise some of those key changes: PROPERTY Some …

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CommercialEmployment

Fair Work Commission Decisions on Reasonable Management Action

Reasonable management action refers to performance management or a disciplinary process that is carried out fairly, transparently and justly. As an employer, you have the …

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CommercialEmployment

Unfair contracts – business to business

Unfair contracts legislation has now been in place for two and a half years. Only a Court can determine whether a contract term is unfair …

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Commercial

More on force majeure clauses

Many businesses will routinely enter into a contract which contains a “force majeure” clause. However, many may not know that the purpose of a force …

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Commercial

Running a business? Check your registration

Running a business? Check your registered details are current It is not only charities that should check their registrations reflect their current details; businesses should …

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CommercialCorporate Governance

Culture and Corporate Governance

It would be remiss of us to not mention the Royal Commission into Misconduct in the Banking, Superannuation and Financial Services Industry, which has consumed …

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CommercialGovernment

Secure Local Jobs Code – Code Certificates

The Secure Local Jobs Code commenced on 15 January 2019. The Code applies to those in construction, cleaning, security and traffic management services undertaking or …

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Commercial

Beyond Potato Salad: Crowd Sourced Equity Fundraising for Pty Ltd Companies

The power of crowd sourcing is undeniable. From the ridiculous, $55,492 raised to make a potato salad , to the nostalgic, saving of the iconic …

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CommercialNot-for-Profit

AGED CARE ROYAL COMMISSION – The terms of reference and what they mean

On 8 October 2018, the Governor-General signed off on the Letters Patent establishing the Royal Commission into aged care, available here. This Royal Commission is …

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CommercialFor PurposeSports Law

The ACT’s Reportable Conduct Scheme – The role of the Employer in the investigation process

If the reportable conduct scheme applies to your organisation in the ACT, you have a mandatory obligation to respond to reportable allegations. Below we have …

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business work laptop desk group CommercialCorporate GovernanceEmploymentIntellectual PropertyPrivacy

New Year’s Resolutions for your organisation and the law ahead for 2018

Welcome to 2018! It is set to be another interesting year ahead, as the Australian Open kicks off this week, we head towards the 2018 …

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Purchasing a Business?

Meet Kate and Peter. They handle the sale and purchases of businesses for our clients. We asked them a few questions about the process, from …

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George Brandis comments on the role of lawyers, and the Fitzgerald Principles

Opening the International Bar Association (IBA) conference in Sydney on Sunday night, Attorney-General George Brandis made a staunch defence of the rule of law, highlighting …

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Mandatory Data Breach Notification Bill Passed

It is the Bill that has done the rounds of Parliament and been the subject of much anticipation and commentary. Privacy nerds everywhere (read: Griffin …

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AFP workforce says “NO”

Yesterday, AFP employees delivered a clear message to the AFP Executive that they will not accept the Enterprise Agreement being offered by the AFP. 87.2% …

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Disclosure Statements – What are they and why do I need one?

If you are the tenant or landlord of a retail or commercial lease, your lawyer probably required you to sign a Disclosure Statement prior to …

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Commercial and Retail Leasing: Bank Guarantee v Bond

It is typical for landlords to require tenants to provide security under a lease, to secure the tenant’s obligations under the lease.  There are various …

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Unfair Contract Terms – A Change Is Coming

The unfair contracts legislation is being amended with effect from 12 November 2016 to apply to small businesses in addition to individuals. What is the …

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Excessive surchages come at a cost

Following the enactment of the Competition and Consumer Amendment (Payment Surcharges) Act 2016, businesses should be aware of new restrictions in imposing payment surcharges on …

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IP Australia fee changes commence October 2016 – What do you need to know?

Earlier this year, IP Australia conducted an extensive review of its fee structure in consultation with various stakeholders. The results of this review are now …

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Trade Mark Now the Least of Dick Smith’s Issues After Mite-y Long Battle Ends in Federal Court

On 11 February 2016, the Federal Court handed down its judgment in the case of Dick Smith Investments Pty Ltd v Ramsey [2016] FCA 939. …

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The Future of Privacy after Dallas Buyer Club

Thought you can use the internet anonymously? A recent Australian case has shown that the right to privacy does not necessarily prevent someone finding out …

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Curving Credit Surcharges

What does this news about credit card surcharges really mean? We’ve all been there – you find an unbeatable deal on flights or accommodation only …

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Uber right or Uber wrong?

A recent case in the United States of America involving the transport company Uber has raised more questions for businesses that utilise the services of …

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The Costs of Non-Compliance

Didn’t know your business proposal was covered by the Franchising Code of Conduct (the Code)? The penalties can be significant so check the Code first. …

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Dealing with bad blood in your small business – Part 2

Despite everyone’s best intentions, disputes commonly arise when one party feels like the other party is not contributing to the business equally, where one party’s …

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Dealing with bad blood in your small business – Part 1

Many of the clients we encounter in our practice are small businesses, started by friends or family.  Typically, the founders will set up a proprietary …

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Tips for Leasing Disputes in the ACT

The Leases (Commercial and Retail) Act 2001 (ACT) (the Act) sets out some of the rights and responsibilities of tenants and lessors in relation to …

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Assignment of Commercial and Retail Leases

When buying or selling a business, it is critical that the parties to the transaction consider any lease in place for the premises from which …

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Reebok and Miranda Kerr – False and misleading representations in advertising

Reebok, and the rest of the commercial work, has been reminded that if you are advertising your business or products, it is important to ensure …

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